A defendant shall be punished by imprisonment for two years.

One kitchen (No. 1) which has been seized shall be confiscated from the accused.

Punishment of the crime

On December 17, 2013, at around 22:45, the Defendant, in his own apartment located in the Daegu Northern-gu C apartment 105 Dong 303 on December 17, 2013, the victim D (44 years of age) who is the husband, assaults the Defendant in accordance with the drinking and outing problems of the Defendant. However, the Defendant taken the kitchen knife (the total length of 32.5cm, the knife length of 19cm, the knife No. 1) which is a dangerous object that has been displayed in the kitchen, and knife the left side of the victim, and knifes the victim's left side, the right side and side side side side, etc. on seven occasions.

As a result, the Defendant had the victim who was receiving medical treatment at a general hospital after that, caused the death of the victim, such as the beer and beer damage under the chain of 06:10 on December 18, 2013.

Summary of Evidence

1. Statements made appropriate for the accused in the first protocol of the trial;

1. Investigation record of seizure by the police;

1. A death diagnosis report, a written autopsy report, or an associate inspector;

1. Application of Acts and subordinate statutes on site inspection reports and investigation reports;

1. Article 259 (1) of the Criminal Act applicable to the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);

1. Determination as to the defendant's assertion under Article 48 (1) 1 of the Criminal Act concerning confiscation

1. The defendant asserts that the defendant cannot be punished or should be mitigated from punishment on the ground that he/she constitutes legitimate self-defense or excessive defense, since he/she had no choice but to defend his/her life and body while committing serious assault from the victim.

2. Determination

A. In order to establish self-defense, the act of defense must be socially reasonable, taking into account all specific circumstances, such as the type, degree, method of infringement, and type and degree of legal interest to be infringed by the act of defense, etc. The act of defense as a requisite for establishing self-defense includes not only pure and non-defense, but also anti-defense types, including active and non-defense, but also the act of defense is self-defense or self-defense.